What was the outcome of Tenancy Tribunal case 5393941?

The tribunal order states: The Tribunal declares, pursuant to section 48 of the Residential Tenancies Act

How much money was awarded in case 5393941?

Rent Arrears: $467.43 awarded to landlord

What type of tenancy dispute was case 5393941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5393941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12985094-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5393941?

The tribunal order states: The Tribunal declares, pursuant to section 48 of the Residential Tenancies Act

How much money was awarded in case 5393941?

Rent Arrears: $467.43 awarded to landlord

What type of tenancy dispute was case 5393941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5393941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12985094-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 205, 2 Cracroft Street, Otahuhu, Auckland Tenancy Tribunal Case 5393941 — Rent arrears

Claims and awards in Tenancy Tribunal application 5393941 — net $467.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$467.43	Rent arrears to 16 January 2026
Net award	$467.43
Total payable by Tenant to Landlord	$467.43

Order

The Tribunal declares, pursuant to section 48 of the Residential Tenancies Act 1986, that the landlord is entitled to access the premises Unit 205, 2 Cracroft Street, Otahuhu, Auckland 1062, for the purpose of carrying out any or repairs or inspections provided that the landlord gives the tenant the required notice as set out in section 48 of the Act.
The tenant is directed to allow the landlord, or their agent or contractor, access to the premises by 12pm on 23 January 2026, provided that the landlord has given the required notice under section 48.
If the tenant fails to allow access as ordered by 12pm on 23 January 2026, the tenancy of Jamie Ruitoto HANCY at Unit/Flat Unit 205, 2 Cracroft Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Kāinga Ora–Homes immediately.
Jamie Ruitoto HANCY must pay Kāinga Ora–Homes And Communities $506.00 in instalments of $10.00 each Wednesday commencing 21 January 2026. Rent shall be paid in addition to this.

Reasons

The Landlord attended the hearing. The Tenant did not answer telephone calls made by the Tribunal on the phone numbers provided.
The landlord has applied for rent arrears, access to the property and termination.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Termination
The Landlord has sought termination pursuant to section 55 and section 56 of the RTA. Section 55 (1)(a) provides that subject to subsection 55 (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear.
The Landlord filed this application on 21 November 2025. On that date, the rent was in credit.
For this reason, the application for termination is refused pursuant to this ground.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to provide the Landlord access to the Landlord.
The landlord served a 14-day notice on the tenant on 20 November 2025 and the tenant did not remedy the breach within the required period.
The Landlord submitted they required access to the property to detect a leak in the unit below (“unit 105”). The leak was discovered on 8 September 2025. The maintenance contractor suspected the leak originated from the Tenants unit. On 23 September 2025, the Landlord began several attempts to contact the Tenant via phone calls, text messages, door knocking and leaving behind a calling card at the front door but were unsuccessful. Further unsuccessful attempts to contact the Tenant were made on 23 September 2025, 2 October 2025 and 8 October 2025. On 14 October 2025, the Landlord scheduled a meeting with the Tenant to discuss access however the Tenant did not attend. On 29 October 2025, the Landlord, plumber and locksmith attended the Tenants property and she refused to open the door, yelling and swearing.
On 31 October 2025, a further visit was made by the Landlord and the Tenant refused to come to the door but could be heard screaming and swearing inside. Further visits were made on 6 November 2025, 7 November 2025 and a 24 hour notice for entry was served on 17 November 2025. The Tenant refused to provide access again. On 10 December 2025, the Landlord knocked but there was no answer.
It would be inequitable to refuse to grant a termination order because there is a potential leak at the Tenants property that was first reported on 8 September 2025 that has not been investigated. The Tenant has not provided access to the property and refused to discuss her concerns with access with the Landlord. The Landlord has made multiple attempts to obtain access and provided the appropriate notice to the Tenant. It has been three months since the leak was identified and the delay in attending to the leak could cause further damage to both the Tenants property and unit 105. A landlord has legal obligations to ensure they maintain a property in a reasonable state of repair and the Tenant is preventing this from occurring.
For this reason, the Tenant must provide access to the Landlord by 23 January 2026 or the tenancy is terminated.
To clarify, termination shall occur if the Tenant refuses access but not if the Tenant fails to pay the rent arrears of $560.00 given the Landlord has not satisfied the Tribunal that the grounds for termination under section 55 have been met.

Claims and awards in Tenancy Tribunal application 5393941 — net $467.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$467.43	Rent arrears to 16 January 2026
Net award	$467.43
Total payable by Tenant to Landlord	$467.43

Order

The Tribunal declares, pursuant to section 48 of the Residential Tenancies Act 1986, that the landlord is entitled to access the premises Unit 205, 2 Cracroft Street, Otahuhu, Auckland 1062, for the purpose of carrying out any or repairs or inspections provided that the landlord gives the tenant the required notice as set out in section 48 of the Act.
The tenant is directed to allow the landlord, or their agent or contractor, access to the premises by 12pm on 23 January 2026, provided that the landlord has given the required notice under section 48.
If the tenant fails to allow access as ordered by 12pm on 23 January 2026, the tenancy of Jamie Ruitoto HANCY at Unit/Flat Unit 205, 2 Cracroft Street, Otahuhu, Auckland 1062 is terminated, and possession is granted to Kāinga Ora–Homes immediately.
Jamie Ruitoto HANCY must pay Kāinga Ora–Homes And Communities $506.00 in instalments of $10.00 each Wednesday commencing 21 January 2026. Rent shall be paid in addition to this.

Reasons

The Landlord attended the hearing. The Tenant did not answer telephone calls made by the Tribunal on the phone numbers provided.
The landlord has applied for rent arrears, access to the property and termination.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Termination
The Landlord has sought termination pursuant to section 55 and section 56 of the RTA. Section 55 (1)(a) provides that subject to subsection 55 (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear.
The Landlord filed this application on 21 November 2025. On that date, the rent was in credit.
For this reason, the application for termination is refused pursuant to this ground.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to provide the Landlord access to the Landlord.
The landlord served a 14-day notice on the tenant on 20 November 2025 and the tenant did not remedy the breach within the required period.
The Landlord submitted they required access to the property to detect a leak in the unit below (“unit 105”). The leak was discovered on 8 September 2025. The maintenance contractor suspected the leak originated from the Tenants unit. On 23 September 2025, the Landlord began several attempts to contact the Tenant via phone calls, text messages, door knocking and leaving behind a calling card at the front door but were unsuccessful. Further unsuccessful attempts to contact the Tenant were made on 23 September 2025, 2 October 2025 and 8 October 2025. On 14 October 2025, the Landlord scheduled a meeting with the Tenant to discuss access however the Tenant did not attend. On 29 October 2025, the Landlord, plumber and locksmith attended the Tenants property and she refused to open the door, yelling and swearing.
On 31 October 2025, a further visit was made by the Landlord and the Tenant refused to come to the door but could be heard screaming and swearing inside. Further visits were made on 6 November 2025, 7 November 2025 and a 24 hour notice for entry was served on 17 November 2025. The Tenant refused to provide access again. On 10 December 2025, the Landlord knocked but there was no answer.
It would be inequitable to refuse to grant a termination order because there is a potential leak at the Tenants property that was first reported on 8 September 2025 that has not been investigated. The Tenant has not provided access to the property and refused to discuss her concerns with access with the Landlord. The Landlord has made multiple attempts to obtain access and provided the appropriate notice to the Tenant. It has been three months since the leak was identified and the delay in attending to the leak could cause further damage to both the Tenants property and unit 105. A landlord has legal obligations to ensure they maintain a property in a reasonable state of repair and the Tenant is preventing this from occurring.
For this reason, the Tenant must provide access to the Landlord by 23 January 2026 or the tenancy is terminated.
To clarify, termination shall occur if the Tenant refuses access but not if the Tenant fails to pay the rent arrears of $560.00 given the Landlord has not satisfied the Tribunal that the grounds for termination under section 55 have been met.

Tenancy Tribunal case 5393941 — Rent arrears at Unit/Flat Unit 205, 2 Cracroft Street, Otahuhu, Auckland

At a glance

Tenancy Tribunal case 5393941 — Rent arrears at Unit/Flat Unit 205, 2 Cracroft Street, Otahuhu, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions